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<br />INSURANCE NOT REQUIRED <br />WORK MAY PROCEED <br />CLERK OF COUNCIL <br />DATE: 1-30-0';( <br />0', f',,-\Vs, Keo" (2-) <br />RoY'< OnO <br /> <br />~ <br /> <br />A-2008-003 <br /> <br />AGREEMENT RELATING TO CONSTRUCTION OF <br />BARRlERFREEBASKETBALLCOURT <br /> <br />This agreement is made and entered into this '7 f'h day of 0a.,\..LA.>-~ ,2008, <br />by and between the City of Santa Ana, a charter city and municipal corporatio organized <br />under the Constitution and laws of the State of California ("City") and the Santa Ana <br />Kiwanis Club, hereinafter referred to as "SAKC" with a place of business located in <br />Santa Ana, California. <br /> <br />Recitals: <br /> <br />A. The City has approved the funding for the construction of a barrier free <br />basketball court at Thornton Park. <br /> <br />B. The cost for the construction of the barrier free park is in excess of $300,000.00 <br />and the city is relying upon different funding sources for completion of the <br />barrier free basketball court, including funds contributed by the SAKC. <br /> <br />C. The SAKC has indicated its desire to contribute the cost of the barrier free <br />basketball court at Thornton Park. <br /> <br />NOW, THEREFORE, THE PARTIES MUTUALLY AGREE AS FOLLOWS: <br /> <br />I. SAKC RESPONSIBILITIES <br /> <br />A. Upon approval of this agreement by the City Council, the SAKC within thirty <br />(30) days will issue to the City, a check in the amount of$50,000.00 to be <br />earmarked as a contribution to the construction of the barrier free basketball <br />court at Thornton Park. <br /> <br />B. Upon approval of this agreement by the City Council, the SAKC will undertake <br />its best efforts to contribute another $35,000 towards the construction costs of <br />the barrier free basketball court at Thornton Park consistent with the terms of <br />the agreement dated October 30 , 2007 between the SAKC and the County of <br />Orange. <br /> <br />C. The SAKC will seek a modification to its agreement with the County, to the <br />extent required, if at all, in order to facilitate the purpose of this agreement with <br />the City. <br /> <br />II. CITY RESPONSIBILITIES <br /> <br />A. In order to facilitate the SAKC's ability to contribute the 535,000 portion to the <br />barrier free basketball court at Thornton Park, the City will provide at its sole <br /> <br />Page I of4 <br />